Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption


"Local actions by communities has been proven to be effective in enforcing youth access legislation and reducing tobacco use among young persons. However, the tobacco industry has been equally successful in weakening local control and community involvement through state laws containing preemption provisions."

Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report, November 3, 1995

North Dakota

As of December 6, 2012, North Dakota's public places and workplaces are 100% smokefree, including all restaurants, bars, gambling facilities, hotels and motels, truck stops, and retail tobacco stores. The law went into effect a month after North Dakota voters chose to put a stronger smokefree law in place by an overwhelming majority of 66% in favor. This state law was built upon 14 strong local laws in communities across the state. Read North Dakota's 100% smokefree law.

Learn more about North Dakota's smokefree law at BreatheND and, or view this brochure.

Prior to the 2012 law, North Dakota prohibited smoking in public places and places of employment as of August 1, 2005, but smoking was still allowed in bars, separately enclosed bar areas of restaurants and hotels, and several other types of workplaces.

North Dakota does not preempt local control. The North Dakota Attorney General issued an opinion on June 29, 2005 stating that Senate Bill 2300, effective August 1, 2005, preempts all city or county ordinances that provide less protection from secondhand smoke than the new law, but permits local ordinances that provide more protection. Read more about current tobacco-related legislation in North Dakota.

Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.

North Dakota does not have a 2018 Legislative Session

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